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(영문) 서울남부지방법원 2014.07.17 2013고단2193
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 21:00 on July 7, 2013, the Defendant: “D” in the operation of the Victim C in Gangseo-gu Seoul Metropolitan Government, and, even if he was provided with drinking and drinking, even if he did not have any money, he/she could not pay the said amount, by deceiving the victim as if he/she would have paid the said amount without any intention or ability to pay the said amount; and he/she was provided with drinking and drinking in an amount equivalent to KRW 23,000 at the market price in the same place immediately from the victim.

around 04:22 on July 12, 2013, the Defendant, “2013 Highest 2210”, followed by the “G” restaurant operated by the victim F in Gangseo-gu Seoul Metropolitan Government E, as if he would pay the price, and ordered the net state and liquor.

However, the Defendant did not have cash, but did not have any other means of payment, such as credit cards, and thus did not have the intent or ability to settle the price even if it orders the net state and alcohol.

The Defendant received from the victim the net 21,000 won of the market price at the seat of the victim, namely, the Defendant received from the victim.

Accordingly, the defendant was given property by deceiving the victim.

At around 10:30 on August 4, 2013, the Defendant, “2013 Highest 2919,” under the “J” house operated by the victim I in Gangseo-gu Seoul Metropolitan Government, by deceiving the victim as if he would pay for the amount of money despite the absence of the intent or ability to pay the amount of money even if he was provided with drinking and food, and by deceiving the victim as if he would pay the amount of money to the victim, that is, at the time of 16,500 won of the market price from the victim’s seat, the Defendant acquired 4 soldiers by deceiving the victim.

Summary of Evidence

"2013 Highest 2193"

1. Police suspect interrogation protocol of the accused;

1. C’s statement of the police station: “2013 Highest 2210”;

1. Police suspect interrogation protocol of the accused;

1. A statement of F prepared "2013 Highest 2919";

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the I Statement;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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